Ministers Garwe,Kambamura, Magomo tour Bindura over illegal mining as Kambasha moves to shut down Botha Mine

Bindura – An outspoken Bindura resident, Leeroy Kambasha, has cited the Supreme Court judgment in Serepta Resources Pvt Ltd v Ariston Holdings Pvt Ltd and 4 Others to expose Botha Gold Mine as an unlawful operation and has moved to force its immediate shutdown, just days after Minister of Local Government Daniel Garwe and Minister of Mines, Mining Development Polite Kambamura and Mashonaland Central Provincial Minister Christopher Magomo toured the area.

Kambasha filed an urgent application with the Provincial Mining Director for Mashonaland Central on July 21 demanding the cancellation of mining titles over the Botha 1-4 Claims held by Side Electricals (Pvt) Ltd, in a move that has sent shockwaves through the mining sector.

The application is anchored on the landmark Supreme Court judgment SC 40/25, handed down on March 6 2025, which definitively settled the long-running debate over whether an Environmental Impact Assessment certificate must be obtained before the registration of mining claims.

The Court held that “with effect from the operationalization of the Environmental Management Act [Chapter 20:27] in 2003, no mining title could be validly registered unless an Environmental Impact Assessment Certificate was first obtained.”

Justice Mathonsi, writing for the unanimous court, stated that the Environmental Management Act was introduced to ensure that mining operations comply with environmental regulations and to cure the long-standing conflict between miners and farmers arising from damage to land.

The Court found that the issuance of an EIA certificate “makes the issuance of that certificate a pre-requisite to the registration of a mining claim.

“Botha 1-4 Claims were registered in 2015, 12 years after the law took effect, and Kambasha has established that no EIA Certificate was obtained prior to that registration.”

In terms of Serepta, any registration effected after 2003 without a prior EIA Certificate is null and void,” reads Kambasha’s submission.

The Supreme Court was emphatic that “any registration done without it is a nullity and of no force or effect.

It ought to be cancelled.” The Court further held that “anything done contrary to the dictates of the law is a nullity,” citing the well-established principle from Macfoy v United Africa Co Ltd.Kambasha has demanded that the Provincial Mining Director “cancel the registration of Botha 1-4 Claims with immediate effect.”

The Bindura resident has also invoked Section 354 of the Mines and Minerals Act to secure an urgent injunction against the mine, arguing that Side Electricals is “continuing with operations on Botha 1-4 Claims on the basis of null and void certificates.

“His submission warns that the continued operations are “unlawful and cause prejudice” and “undermine the purpose of the application for cancellation.

“Kambasha has also written to the Environmental Management Agency demanding the cancellation of any EIA Certificate issued in respect of the claims, arguing that if the mining title is void, then “consequently, any EIA Certificate issued in respect of Botha 1-4 Claims is similarly invalid.

“The letters have been copied to the Officer Commanding of the ZRP Minerals, Flora and Fauna Unit and to Side Electricals itself.

The application comes days after Minister Garwe and Minister Kambamura toured Bindura in what was seen as a signal that the new Mines Minister is serious about rooting out illegality in the mining sector.

Kambamura, who was recently appointed to head the ministry, has made it clear that he intends to clean up the sector and restore order.

Kambasha, who holds an extant order in BNPCG74/26, is personally funding the legal campaign.

The Provincial Mining Director in Bindura must now decide whether to grant the injunction and cancel the registration, a move that would effectively shut down Botha Gold Mine.

In the Serepta judgment, the Supreme Court rejected arguments by the mining authorities that requiring an EIA certificate before registration would create inconvenience.

The Court stated: “It is not the function of courts of law to twist the law in order to create a convenient situation for functionaries.

They should lobby for amendments to the law instead of petitioning courts to usurp legislative functions.

“The Court also dismissed the argument that a belatedly issued EIA certificate could cure the illegality, stating that “irregularly registered mining claims could not be regularized retrospectively by the subsequent issuance of the certificate.”

Industry observers say the Serepta judgment has the potential to invalidate every mining title registered since 2003 without prior EIA certification, and Botha Gold Mine is the first to face its consequences.The Provincial Mining Director’s office is yet to respond to the applications.